Anaheim, CA asked in Employment Law, Personal Injury and Employment Discrimination for California

Q: I work at a Senior Assisted Living. I am a Medication Technician. One of the residents struck me with their walker.

The walker hit my right shoulder and right hand. This happened on Friday evening during my shift. I put in an incident report. I was off the following day Saturday. I went in to work on Sunday where management had insisted I go to urgent care, which took my whole shift. I was diagnosed with contusion on my right hand/ right arm and I now have physical restrictions. For work status report, doctor has modified my activity of not reaching above right shoulder at all, no repetitive right hand motions, no gripping/grasping of right hand, and no lifting/carrying/pushing/pulling of more than 5 lbs altogether. My concern is am I able to effectively fulfill my role using my non-dominant left arm/hand as my employer said they will change my duties to fit the modifications. I am in charge of organizing medications and medication distribution for residents as well as assisting residents in daily routines. I am unable to drive to work due not being able to use my right arm/hand. What do I do?

3 Lawyer Answers
Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: Since it happened at work you have to go through Work Comp. Talk to a Work Comp attorney.

William John Light agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

you should not discuss this sensitive issue on an open platform like this.

your answer is to contact a workers comp attorney that deals with accident from work.

I handle all other accidents.

Maurice Mandel II
Maurice Mandel II
Answered
  • Employment Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Any claim against your employer for a work related injury is under Worker's comp. However, any claim against a third party, such as the senior that struck you, is a tort or negligence claim. Just because they are in a senior living facility and old does not give them license to pick up their walkers and strike someone, anyone, over the head. You should contact a Personal Injury attorney about a potential Third party claim.

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